Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (Vic)

Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022

S.R. No. 53/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5New Part 2.1A inserted

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Endnotes

STATUTORY RULES 2022

S.R. No. 53/2022

Occupational Health and Safety Act 2004

Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 5 July 2022

Responsible Minister:

INGRID STITT
Minister for Workplace Safety

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Occupational Health and Safety Regulations 2017 to provide for the circumstances where an employer may collect, record, hold and use COVID-19 vaccination information from specified persons for the purpose of performing a duty relating to health and safety at a workplace imposed by Part 3 of the Occupational Health and Safety Act2004 and the Occupational Health and Safety Regulations 2017.

2Authorising provision

These Regulations are made under section 158 of the Occupational Health and Safety Act 2004.

3Commencement

These Regulations come into operation on 12 July 2022.

4Principal Regulations

In these Regulations, the Occupational Health and Safety Regulations 2017[1] are called the Principal Regulations.

5New Part 2.1A inserted

After Part 2.1 of the Principal Regulations insert—

"Part 2.1A—Collection and use of COVID-19 vaccination information

21ADefinitions

In this Part—

AI register has the same meaning as in section 4 of the Australian Immunisation Register Act 2015 of the Commonwealth;

COVID-19 means the contagious disease caused by severe acute respiratory syndrome coronavirus 2;

COVID-19 vaccination information has the meaning given by regulation 21B;

pandemic order has the same meaning as in section 3(1) of the Public Health and Wellbeing Act 2008;

Services Australia means the Executive Agency established by order, published in the Commonwealth of Australia Gazette on 5 December 2019, under section 65 of the Public Service Act 1999 of the Commonwealth;

specified person, in relation to an employer, means—

(a)an employee of the employer; or

(b)an independent contractor engaged by the employer; or

(c)an employee of an independent contractor engaged by the employer; or

(d)a volunteer or a student on placement permitted by the employer to attend a workplace under the management or control of the employer.

21BMeaning of COVID-19 vaccination information

(1)For the purposes of this Part, COVID-19 vaccination information is information about whether a specified person—

(a)has received any dose of a vaccination against COVID-19, and if so, the date on which the person received the dose or if the person has received more than one dose, every date on which the person received those doses; or

(b)is unable to receive a dose, or further dose, of a vaccination against COVID‑19 due to—

(i)a medical contraindication; or

(ii)an acute medical illness; or

(iii)the person being under 5 years of age.

(2)For the purposes of subregulation (1), COVID-19 vaccination information may be—

(a)derived from a record kept in the AI register under the Australian Immunisation Register Act 2015 of the Commonwealth; or

(b)in the form of a letter from a registered medical practitioner; or

(c)in the form of a certificate issued by Services Australia that states that the person is unable to receive a dose, or further dose, of a vaccination against COVID-19 due to—

(i)a medical contraindication; or

(ii)an acute medical illness.

21CInteraction with pandemic orders

A pandemic order prevails over this Part to the extent of any inconsistency.

21DCollection and use of COVID-19 vaccination information

(1)For the purposes of performing a duty imposed by Part 3 of the Act or these Regulations, an employer is authorised to collect, record, hold and use COVID-19 vaccination information from a specified person who attends or will be attending a workplace under the employer's management or control to do the following—

(a)to determine reasonably practicable measures to control the risks to health and safety associated with COVID-19 at that workplace;

(b)to implement any reasonably practicable control measure to control the risks to health and safety associated with COVID-19 at that workplace.

(2)If immediately before the commencement of this regulation an employer holds COVID-19 vaccination information that was collected pursuant to the Public Health and Welling Act 2008 about a specified person who attends or will be attending a workplace under the employer's management or control, the employer is authorised to record, hold and use that information for the purposes of subregulation (1).

Notes

1     In relation to collecting, recording, holding and using COVID-19 vaccination information, see the Health Records Act 2001, Privacy and Data Protection Act 2014, Privacy Act 1988 of the Commonwealth or a law of another State or a Territory that corresponds to the Privacy and Data Protection Act 2014 to the extent that law applies.

2 In relation to the collection, use and disclosure of a healthcare identifier that may accompany COVID-19 vaccination information, including the circumstances in which offences and penalties may apply, see the Healthcare Identifiers Act 2010 of the Commonwealth.

3 Part 4 of the Act sets out the duty of the employer to consult with employees about a number of matters, including making decisions about measures to be taken to control risks to health or safety at a workplace under the employer's management or control.

21EDestruction of COVID-19 vaccination information

An employer must destroy COVID-19 vaccination information recorded or held under regulation 21D within 30 days after the revocation of this Part (the specified destruction date), unless a law of Victoria or the Commonwealth or of any other State or Territory—

(a)requires the information to be destroyed on a day that is earlier than the specified destruction date; or

(b)permits or requires the information to be retained on or after the specified destruction date.

21FRevocation of Part

This Part is revoked on 12 July 2023.".

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Endnotes

[1] Reg. 4: S.R. No. 22/2017 as amended by S.R. Nos 71/2018, 176/2018, 71/2019, 84/2020, 106/2020, 141/2020, 8/2021, 88/2021, 112/2021 and 137/2021.